Judge dismisses FAMU Way lawsuit, work to continue

A road closure sign prevents anyone from going down Miles Street where construction is underway and the oak trees are being threatened Tuesday, Aug. 20, 2019. (Photo: Alicia Devine/Tallahassee Democrat)

A judge dismissed a lawsuit Friday meant to stop the final phase of FAMU Way that claimed the city didn’t follow its own land development codes in closing down roads through the construction site.

Senior Assistant City Attorney Louis Norvell wrote in his four-page motion to dismiss that none of the plaintiffs own property in the area of Miles Street and Still Court. They conceded they wanted to keep the roads open to travel and socialize.

“Plaintiffs have not alleged any special injury sufficient to constitute standing,” Norvell wrote. “By their own admission, (they) merely express a desire to travel on streets which are not currently open to the public.”

The change in the path of the road and placement of a stormwater pond will connect Cascades Park and the St. Marks trails, extend to downtown to the Airport Gateway Project and alleviate storm water issues in the area. The plan was vetted within the community and approved more than three years ago, but preservationists say the process was flawed.

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A fence was erected around the site on Aug. 15 as equipment was moved in and small-scale cutting of shrubs and smaller trees began.

Leighanne Boone, who filed the lawsuit and has been active trying to halt the project over concerns about lost trees and historic preservation, argued the plaintiffs suffered hardship by not being able to gather and socialize in a makeshift hangout spot under large oak trees set to be cut down for the project.

“The judge said my clients didn’t have special injury standing. I obviously disagree whether that applies in this case,” Boone said. “When the city hasn’t followed its own notice requirements, it’s a more general standing requirement. You don’t have to have a special injury.”

Contact Karl Etters at ketters@tallahassee.com or @KarlEtters on Twitter

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